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Dispute Resolution

Monaco

We assist private clients, investors, company directors, institutions and local or international companies during the pre-litigation and litigation phases of any disputes arising in their own lives or that of their business, field or sector.

Our team members are trained specialists who work together to respond to all our clients’ needs, whether the dispute is subject solely to Monegasque jurisdiction or to multiple jurisdictions in other countries.

Monaco attracts companies seeking to build a local or international business in some of the Principality's high-potential sectors such as finance, industry, logistics or luxury hospitality and tourism. This means that our clients’ assets tend to be dispersed across several countries and/or they have an international clientele, which can generate specific pre-litigation and litigation requirements.

On a regular basis, we:

  • Assist our private clients with matters of private international law and conflict of laws and of jurisdiction in disputes that often involve property and succession issues governed by family law and the law of persons.
  • Assist entrepreneurs and companies with matters such as debt collection, contractual or commercial disputes with businesses that either operate or own assets in Monaco, or with procedures to allow decisions of foreign courts to be executed in Monaco.
  • Assist private clients, investors and institutions with disputes that often arise when buying, selling or owning property, which are among the most common transactions in the Principality of Monaco.
  • Represent Monaco’s banks and financial management companies during pre-litigation and litigation for matters involving contractual or civil liability, proceedings before the Commission de Contrôle des Activités Financières (Financial Activities Supervisory Commission) or criminal proceedings around certain sector-specific issues such as bank secrecy, anti-money laundering, anti-terrorist financing and anti-corruption laws, or criminal restraint of some of their clients’ assets.
  • Act on behalf of companies, investors and institutions in all commercial law disputes involving matters such as shareholder disagreements, directors’ liability, guarantees against hidden liabilities, receivership and insolvency proceedings, individual proceedings before the judge of the Trade and Industry Register (RCI), debt collection and provisional or protective measures in the Principality of Monaco, commercial criminal law or intellectual property disputes, as well as commercial or contractual disputes involving SMEs and large corporations.
  • Represent our private clients in any disputes stemming from countries exchanging information for tax purposes and privacy and data protection rules.
  • Assist companies and institutions with disputes relating to the performance or breach of an employment contract.

Our litigation services involve a number of core activities: risk assessment, crisis management, defining a litigation strategy, amicable dispute resolution, representation in court and before arbitration tribunals and the enforcement of court and arbitration rulings.

Our teams have the technical skills and experience to support you through each step towards a swift settlement - in or out of court - that meets your objectives.

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04/06/2020
COV­ID-19 | In­sur­ance: com­pens­a­tion of a res­taur­ant own­er for op­er­at­ing...
On 22 May, the Par­is Com­mer­cial Court is­sued an or­der that gives hope to many shop own­ers and crafts­men who were severely af­fected by the health meas­ures taken by the French Gov­ern­ment to con­tain the COV­ID-19 pan­dem­ic. Has a new path­way been opened? What
15 May 2020
CMS Ex­pert Guide to COV­ID-19 cor­por­ate crime & reg­u­lat­ory is­sues
11 September 2020
In­ter­na­tion­al Me­di­ation Up­date: the Singa­pore Con­ven­tion in force on 12...
The United Na­tions Con­ven­tion on In­ter­na­tion­al Set­tle­ment Agree­ments Res­ult­ing from Me­di­ation (known as the “Singa­pore Con­ven­tion”) comes in­to force to­mor­row on 12 Septem­ber 2020. The Singa­pore Con­ven­tion...
04/05/2020
End of lock­down in Monaco: our of­fices will re­open on 11 May
We are de­lighted to an­nounce the re­open­ing of our of­fices on 11 May. Find out more.
13 August 2020
Ar­bit­ral rules – The start of a sea­son of change: LCIA Up­date
The LCIA has launched its new ar­bit­ra­tion and me­di­ation rules, which come in­to force on 1 Oc­to­ber 2020. This is the first de­vel­op­ment in a peri­od in which we are ex­pect­ing up­dates to ar­bit­ral rules from...
13/04/2020
COV­ID-19 | New tem­por­ary or­gan­isa­tion of the Justice sys­tem
De­cree of the Sec­ret­ary of Justice No 2020-10 of 8 April 2020 ex­tends the clos­ure of the Monaco Court­house to the pub­lic to 4 May 2020. Find out more.
07 August 2020
Treaty claims for can­celled or mod­i­fied in­fra­struc­ture pro­jects in the...
A re­cent IC­SID tribunal has denied an in­vestor’s claim con­cern­ing the de­vel­op­ment of an air­port pro­ject in Latvia. The in­vestor was un­able to pro­ceed with the con­struc­tion of its pro­ject due to nu­mer­ous...
08/04/2020
COV­ID-19 | Sus­pen­sion of ad­min­is­trat­ive and ju­di­cial time lim­its
The Mone­g­asque le­gis­lat­or is com­plet­ing its le­gis­lat­ive ar­sen­al to deal with the COV­ID-19 pan­dem­ic.
20 July 2020
ICC 2019 Stat­ist­ics Re­port: trends and growth areas
In­tro­duc­tion On 15 Ju­ly 2020, the In­ter­na­tion­al Cham­ber of Com­merce (the “ICC”) pub­lished its an­nu­al Dis­pute Res­ol­u­tion Stat­ist­ics Re­port for 2019 (the “Re­port”), set­ting out de­tailed fig­ures...
27/03/2020
COV­ID-19 | Im­me­di­ate and ret­ro­act­ive sus­pen­sion of the time lim­its for...
Sov­er­eign Or­din­ance No 8.019 of 26 March 2020 sus­pend­ing the time lim­its for ap­peal and pro­ceed­ings be­fore the Monaco Su­preme Court (Tribunal Suprême) to deal with the con­sequences of the meas­ures taken to com­bat the COV­ID-19 vir­us pan­dem­ic, provides for
14 July 2020
More con­flict­ing judg­ments from Eng­land and France: un­cer­tainty for users...
In­tro­duc­tion In a sig­ni­fic­ant case for in­ter­na­tion­al com­mer­cial ar­bit­ra­tion, on 23 June 2020, the Par­is Court of Ap­peal re­jec­ted an ap­plic­a­tion to an­nul an ICC award, find­ing that the ar­bit­ral tribunal...
10 December 2019
Géraldine Gazo joins the CMS Part­ners
The Part­ners of CMS in Monaco an­nounce the ad­di­tion of new Part­ner, Me Géraldine Gazo, to the Private Cli­ents’ team. Find out more.